Schools Of Many Colors

Alan Jenkins

October 24, 2006

Alan Jenkins is executive director of The Opportunity Agenda , a communications, research and advocacy organization with the goal of expanding opportunity in America. He is a former assistant to the solicitor general at the U.S. Department of Justice and served as law clerk to U.S. Supreme Court Justice Harry A. Blackmun from 1990 to 1991.

As the Supreme Court begins its new term this month, parents and kids in hundreds of communities around the country are anxiously anticipating two cases that will be argued later this year. In two cases—one from Louisville, Ky., and the other, Seattle, Wash.—the court will consider whether local school districts’ voluntary efforts to foster racially diverse schools are lawful under the Constitution.

The court’s answer should be a resounding “yes.” Louisville and Seattle have pursued modest efforts to promote inclusion over separation, like considering diversity as one of many factors in the drawing of school district lines or when parents apply to schools outside their neighborhoods. These communities are teaching our kids how to live together, learn together and play together in an increasingly diverse and interconnected world. That’s good for our kids, it’s good for our country and it fulfills the goals of our Constitution.

Research and common sense show that all kids benefit from a diverse educational environment. Kids in diverse schools are less likely to develop racial stereotypes or prejudice than kids in racially isolated schools. They’re more likely to have friendships with people of other races and they’re more open to living and working in integrated settings as adults. In other words, they are better prepared to thrive in the real world.

There are also important educational benefits. Studies show that the critical thinking skills of all students improve in racially diverse classrooms and that diverse learning opportunities make all students better problem solvers and communicators. As the American Council on Education said in a friend-of-the-court brief supporting the school diversity programs, “racial and ethnic diversity allows students of all races to develop their minds through exposure to new perspectives, experiences, and the give-and-take that leads to critical thought.” 

Those skills are crucial not only for our kids, but for our country. Tomorrow’s emerging workers, entrepreneurs and leaders have to be prepared to function easily and effectively in diverse environments. These schools are giving kids that preparation, and, in doing so, they’re investing in the prosperity of our nation.
 
For these and other reasons, Americans of all races support integrated schools, and the majority of parents whose kids are in diverse schools say that those schools have improved the quality of their children’s education. In a Kentucky survey, for example, 82 percent of respondents said that students benefit from a diverse school environment, while 77 percent of parents said that schools should use enrollment guidelines so that children attend school with students of different racial backgrounds.

Our Constitution clearly supports their view. The Equal Protection Clause of the 14th Amendment—the provision at issue in these cases—was adopted after the Civil War precisely to bring us together as a nation across lines of difference. As the Supreme Court held in Brown v. Board of Education  over a half-century ago, the 14th Amendment outlaws official segregation and embraces integrated education. Communities’ voluntary efforts to foster that inclusive vision are fully consistent with the Constitution.

It is, of course, true that any consideration of race—even for positive purposes—must be undertaken carefully, sensitively and only when necessary. Thus, in Louisville and Seattle, education leaders have used modest, sensible measures to nurture inclusive learning opportunities. School diversity is considered as one factor among many, after parental choice and school proximity, and kicks in only where a school would otherwise be segregated. In Louisville, for example, 95 percent of elementary students attended their neighborhood school or first choice alternative school. In Seattle, the program affected only about 300 of the community’s students.

Despite the modest nature of these efforts, a small group of parents disappointed with their children’s school assignments sued, claiming that the programs violate the Constitution. The Bush administration is supporting their position, arguing that considering race in any way—even for the vital purpose of avoiding segregation and promoting diversity—is always unconstitutional.

But years of experience show that many communities simply can’t achieve inclusive, diverse schools without making that an explicit goal and working toward it intentionally. Often, that’s because past or present housing discrimination has created segregated neighborhoods that prevent diverse schools from occurring on their own. In Seattle, for example, Asian Americans tend to be concentrated on the south side of the city in part because of past exclusionary zoning practices. Careful, proactive efforts to overcome that legacy are not just legal; they fulfill our highest constitutional aspirations.

Ultimately, these cases are about our national values and the kind of country we aspire to be. By creating schools that represent our full American family and giving our kids the skills and experience they need to succeed in today’s world, Seattle and Louisville are leading the way into the 21st century. The court should follow their example.